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Jan. 18, 2019

Questions of arbitrability after Henry Schein

The Supreme Court recently held that the Federal Arbitration Act contains no “wholly groundless” exception to the threshold question of arbitrability.

Cary D. Sullivan

Partner
Jones Day

Phone: (949) 553-7513

Univ of San Diego School of Law

Cary is a partner in the firm's Business & Tort Litigation practice.

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Maura C. Pennington

Associate
Jones Day

Email: mpennington@jonesday.com

Maura is based in the Firm's Irvine office.

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The U.S. Supreme Court recently resolved a circuit split on "wholly groundless" motions to compel arbitration. The court unanimously held in Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 DJDAR 147, that the Federal Arbitration Act contains no "wholly groundless" exception to the threshold question of arbitrability.

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